Webinars by Practice Area
Whistleblowing: causation, interim relief, compensation and settlement
Recorded on: 29/09/2021
Whistleblowing is an important head of claim in the employment tribunals for a number of reasons. Protection from dismissal or detriment is available from the first day of employment; dismissal for making a protected disclosure is automatically unfair; interim relief may be available; and compensation is potentially unlimited.
There have been a number of recent important appellate decisions on the law relating to protected disclosures. This webinar examines the various issues which have arisen in those cases, and puts them in the context of the statutory provisions.
Among the issues to be dealt with are:
- what disclosures qualify for protection?
- is there a valid distinction between protected disclosures of information and unprotected allegations?
- what constitutes reasonable belief that a disclosure is in the public interest?
- what should an employer do if someone makes a protected disclosure?
- how should an employer deal with a whistleblower who commits misconduct in the course of obtaining information?
- does the person responsible for the dismissal or detriment need to have personal knowledge of the disclosure for the employer to incur liability?
- how does the test for causation in a claim for detriment for whistleblowing differ from causation in a claim for dismissal for whistleblowing?
- what is the right approach to a claim for interim relief for whistleblowing and how likely is it to succeed?
- how does compensation for a detriment claim differ from compensation for dismissal?
- is there a disincentive to settling a claim for whistleblowing, and is there any potential for a non-disclosure agreement?